§ 16-4-102 — Service

A. Manner and Proof of Service. 1. When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made: (a) By personal delivery in the manner prescribed for service within this state; (b) In the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; (c) By any form of mail addressed to the person to be served and requiring a signed receipt; (d) As directed by the foreign authority in response to a letter rogatory; or (e) As directed by the court. 2. Proof of service outside this state may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court. B. Individuals Eligible to Make Service. Service outside this state may be made by any individual permitted to make service of process under the law of this state or the law of the place in which the service is made or who is designated by a court of this state. In addition, any attorney for a party is eligible to make service of process in the manner prescribed in subparagraphs (c) and (e) of paragraph 1 of subsection A. of this section. C. Individuals to Be Served; Special Cases. When the law of this state requires that in order to effect service, one (1) or more designated individuals be served, service outside this state under this section must be made upon the individual or individuals. D. Assistance to Tribunals and Litigants Outside this State. 1. Any court of record of this state may order service upon any person who is domiciled or can be found within this state of any document issued in connection with a proceeding in a tribunal outside this state. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this state and shall direct the manner of service. 2. Service in connection with a proceeding in a tribunal outside this state may be made within this state without an order of court. 3. Service under this section does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside this state. E. Other Provisions of Law Unaffected. This section does not repeal or modify any other law of this state permitting another procedure for service.

Legislative History

Acts 1963, No. 101, § 2; 1973, No. 37, § 1; A.S.A. 1947, § 27-2503.